反思行政法规的复议前置设定权OACHSSCD

The presetting power of administrative regulations for reconsideration originates from the grant of item 5,Paragraph 1,Article 23 of the Administrative Review Law.Preposition for reconsideration is regulated by the administrative litigation system in form,which has a direct impact on the parties'obtaining the substan-tive judgment power and the start of the court's substantive trial work.Therefore,it belongs to the category of ju-dicial system and is further included in the absolute reservation of law.Based on this,in principle,when there is a gap in the law,other lower law norms should not be authorized to set up the precondition for reconsidera-tion.This means that the presetting power of administrative regulations for reconsideration has legitimacy de-fects.From the perspective of the normative practice of setting the precondition for reconsideration,compared with the situation of setting the precondition for reconsideration in the existing law,the situation of setting the precondition for reconsideration in the existing administrative regulations is mostly contrary to the standard of setting the precondition for reconsideration contained in the Administrative Review Law.From the perspective of macro effect,under the current carrying capacity and substantive dispute resolution capacity of administrative reconsideration organs,although retaining the presetting right of administrative regulations for reconsideration can increase the number of reconsideration cases in form,it is not substantively helpful to realize the main channel goal of administrative reconsideration.Therefore,the presettingpower of administrative regulations for reconsideration should not be retained.